and we discussed that with the bart chief and it was determined that sfpd would handle this. >> you mentioned bart police interviewed several potential witnesses. does sf tpd handle that? >> we had the lead investigation. there is a liaison that piggybacked with our inspectors. they are allowed to have access to the information as we get it. they get it. they are piggybacking with us and assist us and they will report back to their chief and also to the board of directors. >> for members of the public and the press who are interested in knowing the findings of the department, when does not happen? >> we submit a report to our

district attorney's office when the investigation is completed and we get all the information, that is shared with the d.a.'s office. the d.a. makes the determination if it was proper conduct. >> at what point is the information released to the public if at all? >> it will be released after that. if there is a determination made. commissioner chan: with the d.a. to the releasing or with this department? >> it depends if we want to do that. we coordinate with our public relations and we would hold a press conference. >> thank you. that is helpful. president mazzucco: further questions? thank you. >> with regard to the 5-year- old in the bay view, do we have

any idea what is behind that at all? >> i know what i have heard. >> i can tell you what i know offline. president mazzucco: any further questions? >> item 2b. a review of recent activities. >> good evening. i returned this week from a week-long conference in new orleans. it was the national association for civilian oversight of law enforcement. i have been an organizational member since 2003 when i first became the director of the oakland citizen's police review board. the conference was attended by

nearly 200 civilian oversight practitioners. police review board members as well as law enforcement members from all over the united states, from trinidad and tobago, canada, and jamaica. it covered topics from officer involved shooting to a community outreach to mediation. i was a member of a panel on mediation that also included the mediation director for the new york civilian complaint review board as well as the mediator from trinidad and tobago. two other members from occ staff attended. jason wechter gave a presentation. i would encourage the attendance of some members of the commission as well as members of the police to pardept

to attend which will be in october 2012 in san diego. i would encourage any of you who are interested to speak with me about putting up a panel presentation together. they take proposals on various topics and the police commission and the san francisco police department are engaged in some pretty cutting edge policies from the work we're doing around community policing to the work around hour crisis intervention team or also, the juvenile protocols we have in place and other jurisdictions are interested, would be interested in what we do. in addition to my attendance, one of the attendees was the

director of the police complaints authority of trinidad and tobago. following the conference, she came out to san francisco with a delegation to understand how the office of complaints works. she was able to meet with representatives from the u.s. attorney's office. the office only investigates the most serious complaints of police misconduct including criminal misconduct and misconduct involving serious injury. you also have before you of the august comprehensive statistical report. in the report, you will find that 69 complaints with it -- were filed in august. through august 31, 2011, 552 complaints have been filed. as of that date, the occ closed

554 cases and we had 24 pending cases. this is a 10% reduction over the complaints were received in 2010. as of august 31, there was 39 mediations and as of that same time we conducted 33 mediations. on november 9 of this year, i will provide you with the third quarter statistical report. that concludes my report. president mazzucco: thank you and welcome back from new orleans. >> thank you. it is great to be back. president mazzucco: it would be a good idea to convene a panel to explain what we're doing at the next conference in san diego. >> the lapd is very heavily

involved in the conference and puts on a panel presentations and i think we should do the same. president mazzucco: i agree. thank you very much. next item. >> commission reports, 1st the commission presidents report followed by the commissioner reports. >> thank you. the chief about -- invited commissioners to attend the community meeting involving the officer involved shooting and i want to think that she for doing that. there was transparency and it was well attended by the community and the press. i have to tell you, part of the biggest concern was not necessarily the shooting itself but the issues on broadway street. that has raised its ugly head. several have been involved in that. they're concerned about guns like that being out on the street.

the chief explained everything was done well and the committee embraced what you did. thank you for that, it was a job well done. president mazzucco: any reports? let's move to a line item d. i save you the task of doing that. could swe scheduled a closed session in a following conversation with the city attorney. there are two matters we need to deal with. one regarding potential litigation and the second is regarding some issues involving the patrol specials being that they are related to litigation and they are privileged, could we put that to a closed session? also with reference to scheduling, we are discussing line item 3. department general order regarding community playlet -- policing.

we need to put that over for a final vote. one of the suggestions that was made is we do that vote at the community meeting. is that sufficient time for the commissioners? >> it is a great idea. president mazzucco: if we can calendar that for next week, it is entirely appropriate. anything you would like to have for future consideration? -- add for future consideration? announcements? >> the commission will meet in the mission district at cesar chavez elementary school. to hear from the public and mission station gregory corrales. >> next week will be in the mission district and be hosted by capt. corrales. others were trying to get the community out there.

this is what commissioner chan put together. it will be a special meeting. is there any public comment regarding these line items? >> good evening, commissioners. i have only two brief comments tonight. one is that i put forth before this commission over the last two years probably three to five recommendations. in order to help the commission do its job. not one of those recommendations have never been acted on in any manner whatsoever. one is for the community meetings to advertise them or to make them widely advertised in some shape or form by putting notices on muni bulletin boards

and that sort of thing so the public is well informed that there is an actual meeting taking place, not just by listing it on your web site. it is appropriate in the community meetings are good. but i think the turnout is dependent -- it is not what it should be unless there has been some sort of event that has been in the media, sort of like what took place in north beach. the second item is, i have requested over 12 months for documentation from the occ and also a list of multiple complainants. over 30 years i have made seven or eight complaints. not one was ever followed through or acted upon. i'm not making an issue out of that. i believe that there is a high percentage of occ complaints

that are multiple. we do not have 1900 police officers collecting complaints but we have a few collecting a high number of complaints. this has never been dealt with by this commission as if it does not happen. i would like to see something followed through on this. i do not want to keep requesting it nonstop. it would be appropriate to act on this. that we have a very high percentage or the percentage of police officers getting multiple complaints but some are getting multiple complaints to i. they lost a complaint several times. coming back to those events, i

see that -- i would like to see some substance here instead of waiting and waiting for something to happen that never takes place. the community meeting should be advertised and to is that there should be statistics at hand on multiple complaints against police officers. thank you for your time. president mazzucco: thank you. >> good evening. i wanted to come to you to comment, not suggesting. commending you on this policing ordinance that is exciting. i have been doing research and it is exciting to see something i can write about and hopefully the committee can hang onto it. i hope that the sum of the things in the community policing ordinance, the giant --

partnership, the transparency and that which will respect can play out in the context i have been advocating for the past few months. i am disappointed that the commander did not report back on his discussion with dwight holten. this was an issue a few weeks back. commissioner kingsley: thisi is not usual protocol but there were some which were put in, he does have a response. >> we continue to think there is no reason why we can't have a similar resolution. the fbi has sent mixed messages

about what is going on. the portland mayor -- mayor has been clear. the chief of police has also been clear. we know there is a portland resolution. i am sure he will reflect on something similarly. we are trying to achieve this, we are happy at -- to achieve it here and we're working with the supervisors but we know that it is fair and the community wants to see something similar here. i am happy to hear what the commander has to say. thank you. >> i was here two weeks ago and reported on that portland resolution and i said there is a portland resolution. at that time, commissioner slaughter asked me to contact mr. holten and i did that and had a conversation. i contacted the usa and he said,

where there was not conversation there is conversation. where they were not in the same building, they are leasing -- they're at least in the same room. he does not care if they call it in or out of the jttf. it is baby steps is what he told me. he seems somewhat satisfied what -- with what is going on over there. they are not fully immersed. they are moving towards that and i have officers that are in the process of getting clearances. i cannot comment on that. it is not in my hands. i also took time out to contact the sac in oregon, greg fowler.

i told him about my presentation. he gave me some information and said he explained to me how the impart information to or again, if there is for example, some crucial -- crucial information, it would come from washington, d.c.. unless the orders came from washington, they would get information that was pertinent to their city. that was all the information he told me that i can speak in a public forum about. i hope i answered your question. president mazzucco: thank you. >> is there -- do we get called? commissioner terman: to be clear, commander, i have seen a

resolution. this is signed or not signed by the u.s. attorney? >> it is signed by the mayor of portland. >> not bare we having a debate? that was the question i had. we are getting far afield. we're in public comment regarding items that we have moved away from. the question has been answered. the one-sided document signed only by the mayor. >> can i suggest we get this back on the calendar in a couple of weeks? it is probably not appropriate for further discussion now but i think we should have it back on the calendar for two weeks. we just had a discussion about

the calendar but if two weeks does not work, maybe three weeks out. and i will see my concern is not whether there is or is not a resolution. i know there is. my concern is whether the poor land -- whether the fbi in portland is -- and the portland pd is cooperating. i know we have -- we have time to have these questions answered. the chief has issued an order which is the only objection aclu has is we want to make sure if this -- the next chief does not withdraw it. let's be sure we get it right if we're going to do a resolution that the board or here. we have someone who was working

to get the facts. we can talk and i can give you some more suggestions about fact-finding. we can speak as well. there remains unanswered questions that we can address hopefully in two or three weeks and i realize and appreciate that many people have been pressing forward to get resolution here. the only caution i would say in terms of what -- if we are going to the board, every member is required to follow. let's into some questions and figure out what is going on and make the best decision for this department. thank you. >> would that be october 5? this report back from the commander? president mazzucco: let's check

our agenda. october 5 it is. this is on for clarification. any further public comment? >> good evening. i work with the coalition force safe sex in san francisco which is the umbrella group. i wanted to stress that is the perspective that the order is not enough. it circumvents dgo 8.10. there is a sense of -- by the community. even if there was no resolution

we feel the city has been presented with concerns of civil rights abuses and profiling of the community. you should work with the community to find a solution, even if there is not a portland model to copy directly. i wanted to convey that. october 5, there will be a community mobilization here to bring up this issue and the community voices around it. thank you. president mazzucco: thank you. hearing none, this is closed. >> item 3. discussion rabat -- regarding proposed revision of department general order 3.11 regarding community policing. >> this has been worked on in

committee. it has been visited throughout san francisco with significant input by supervisor campos's office. i am sure that anyone who is familiar with his community policing ordinance can see there is a lot of language from that order in here. i cannot tell you although ms. porter can, there have been more iterations of this order as we have met with members of the community, specific language changes, sections have been added, subtleties that some folks did not recognize but other communities did, went into it to make it as sensitive as we could to how everyone might not only read it but perceived it. i think we came up with a really good product.

if i could have a list of everybody that collaborated on this order, and we came up with a product we have consensus on outside and inside the department, including the offices of the board of supervisors, it is not that often on something as delicate as community policing we can come up with a document that everybody not only can live with, but embraces. i would put it to you that we think we were there. if you have any questions, i can answer them. president mazzucco: thank you. there has been a lot of conversation about this general order. there was a meeting by the board of supervisors. thank you for doing this. many said you cannot define community policing and it is hard to put into definition format but this was an

excellent attempt by bringing the parties together. i commend you and everyone involved. this looks good, i looked at the draft we had over the weekend. i doubt any other police department has a general order regarding community policing. >> one of the big changes if you notice the number on this order, this comes out of the administration section and joins the organizational structure and function section so it is up front, it governs and is now the flavor within all other general orders. rather than it being in a general subsection, it is in the front that governs organizational structure and function. this will be going forward if it has not already been the governing philosophy of the san francisco police department.

vice president marshall: this has been kicking around since the commission came into existence. i want to commend you for taking it on. the issue for me, the real challenge for me is it must mean all things to all people. if you are able to get campos to say yes, and other folks, i have an idea of how those folks are. i am interested to hear from the other commissioners of what is not in here. i am assuming you went to a pretty thorough process. i can imagine how many iterations have been just to get it to us. i want to commend you for getting it to us this far and i

am interested to hear what is not here they would like to see. commissioner kingsley: i would like to add my thanks as well and to supervisor campos and our city attorney. you move very quickly on this and you collaborated with many people across the board and in the committee. you did it in a very timely fashion. in looking over what we have today, it looks excellent to me. i am interested in other commissioners's comments after we have some time to think about it. it looks terrific. thank you for getting this done quickly. commissioner chan: thank you for your hard work. it looks like you have been doing this all summer. this is much appreciated and it is great you are working closely with the board and with

supervisor campos since he was interested in introducing a community policing ordinance. thank you for your hard work and a willingness to collaborate with the committee and the board. a couple of questions. who will be implementing the community policing dgo, would be under at man? >> just by accounting department policy, all officers are responsible to have a working knowledge of every general order. just by having this present, whenever an officer does anything you have to keep attendance of this order. by having it be in the section is in. >> in addition, all the officers must know about, is there someone task with furthering community policing, making sure that these are more general components? who is going to turn this into

something tangible where we see change and improvement in the future? if the document in and of itself, who will carry it out and further it. >> police officers as a paramilitary organization. i make sure the command staff does it and the staff make sure the captains do it, the tenants make sure they surgeons do it and the surgeons make sure the officers do it and we train to a in the academy. it is what we do. >> is there going to be a plan in place? >> this is it. >> this is it? with more concrete goals? >> the best practices manual -- i do not understand goals. >> this is a pretty high level. it puts what the general goals are. this is the law that we would be passing. what i am curious about is the